Chapter NR 1

NR 1.26(6) (6) Method to allot timber sale revenue. As provided in s. 28.05, Stats., payments to cooperating foresters for timber harvesting and selling assistance on state-owned land shall be paid from an allocation of timber sale proceeds. The department of natural resources shall make periodic requests to the department of administration for allocations of funding to the cooperating foresters appropriation, s. 20.370 (2) (cy), Stats. The size of the requested allocation shall be based on outstanding purchase requisitions for the contracted timber harvest assistance. The appropriation shall be split-funded with the proportionate splits coming from the administrative function accounts where the timber sale revenues are deposited.

NR 1.26 History History: CR 07-011: cr. Register October 2007 No. 622, eff. 11-1-07; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755.

NR 1.27 NR 1.27 Contracting with cooperating foresters and private contractors for regeneration services.

NR 1.27(1) (1) Purpose. The department may contract with private cooperating foresters and private contractors to assist the state in the regeneration of state forest lands to meet the annual allowable timber harvest established under s. 28.025, Stats.

NR 1.27(2) (2) Definition. “Cooperating forester” has the meaning given in s. NR 1.21 (2) (b).

NR 1.27(3) (3) Contracted tasks. Tasks included in contracts with cooperating foresters and private contractors for state lands regeneration services may include, site preparation, invasive species control, and tree planting on harvested lands. The department shall determine which of these services are appropriate to contract for on individual timber sales.

NR 1.27(4) (4) Department tasks. The department shall select areas to regenerate, determine regeneration systems to be applied, and define any additional procedures or precautions necessary to achieve objectives in approved master plans or other department policies. The department shall monitor the performance of cooperating foresters and private contractors contracting on state forest lands for quality of service and conformance to department standards.

NR 1.27(5) (5) Bids for services and payments to cooperating foresters and private contractors. Cooperating foresters and private contractors shall be compensated at the department’s choice of a rate per hour, acre or project established by bids for individual projects. When a need for regeneration project assistance is identified, the department shall issue a project-specific request for bids to cooperating foresters and private contractors that are experienced in the desired type of work. The department may establish pre-qualification lists of cooperating foresters and private contractors serving an area. Bids may include labor, travel, equipment and any supplies not identified as being provided by the department that a private contractor would need to do the work. As provided in s. 28.05 (3) (am), Stats., payments to cooperating foresters and private contractors for regeneration assistance on state-owned lands shall be paid from an appropriation of timber sale proceeds.

NR 1.27 History History: CR 13-023: cr. Register December 2013 No. 696, eff. 1-1-14.

NR 1.29 NR 1.29 Ice Age and North Country trails.

NR 1.29(1) (1) Footpaths. The Ice Age Trail and North Country Trail shall be managed primarily as footpaths for pedestrian use: walking, hiking, backpacking, snowshoeing, and ungroomed cross-country skiing.

NR 1.29(2) (2) Purpose.

NR 1.29(2)(a) (a) The purpose of the Ice Age Trail is to provide premier hiking and backpacking experiences and to preserve and interpret Wisconsin’s glacial landscape and other natural and cultural resources in areas through which the trail passes.

NR 1.29(2)(b) (b) The purpose of the North Country Trail is to provide premier hiking and backpacking experiences as it meanders through a variety of northern landscapes, linking scenic, natural, historic, and cultural areas in seven states from New York to North Dakota.

NR 1.29(3) (3) Definitions. In this section:

NR 1.29(3)(a) (a) “Dispersed camping area” has the meaning given in s. NR 45.03 (9c).

NR 1.29(3)(b) (b) “Ice Age Trail” has the meaning given in s. 23.17 (2), Stats. When the Ice Age Trail is within a property other than a State Ice Age Trail Area, the Ice Age Trail for management purposes shall be the treadway, which is the trail tread and the land 25 feet adjacent to both sides of the trail tread.

NR 1.29(3)(c) (c) “Master plan” has the meaning given in s. NR 44.03 (8).

NR 1.29(3)(d) (d) “State Ice Age Trail Areas” mean lands purchased by the department for the Ice Age Trail under the authority of s. 23.09 (2) (d) 10., Stats., except when purchased as part of another department project.

NR 1.29(4) (4) Dispersed Camping And Trail Construction. On State Ice Age Trail Areas and on lands purchased for the North Country Trail, construction of the Ice Age and North Country trails and dispersed camping areas are authorized prior to the approval of a master plan for the property as allowed by department criteria and approval processes.

NR 1.29(5) (5) Vehicles.

NR 1.29(5)(a) (a) Vehicles shall be prohibited on the Ice Age trail except as provided for in s. NR 45.14 (1), which shall also apply to this section, and except for snowmobiles where deemed appropriate by the secretary of the department of the interior and the managing authority responsible for the segment as permitted by 16 U.S.C. 1241.

NR 1.29(5)(b) (b) Vehicles shall be prohibited on the North Country Trail except as provided for in s. NR 45.14 (1), which shall also apply to this section.

NR 1.29(6) (6) State Ice Age Trail Areas — Purpose. Ice Age Trail Areas permanently protect lands to provide for segments of the Ice Age Trail; preserve Wisconsin’s glacial landscape features and other natural and cultural resources associated with the trail route; and, where possible, offer a primitive atmosphere of relative solitude and perceived remoteness where visitors may experience a quiet connection with nature. In suburban areas or other developed areas, and on smaller parcels of land, not all of the Ice Age Trail Area purposes may be realized; however, they shall be maximized to the degree practicable at the site.

NR 1.29(7) (7) State Ice Age Trail Areas — Recreational Use And Management.

NR 1.29(7)(a) (a) Objectives. The purpose of the Ice Age Trail as provided in sub. (2) (a), and further defined by the Ice Age Trail Vision Statement and Attributes, shall receive primary consideration in the master planning for State Ice Age Trail Areas. All uses included in sub. (1) and sub. (2) (a), and facilities that directly support these uses shall be allowed. Compatible, non-Ice Age Trail related objectives may be accommodated; however, they may be limited in scope of time and location to avoid interference with primary Ice Age Trail purpose.

NR 1.29 Note Note: Note: The Vision Statement and Attributes is part of the Memorandum of Understanding between the National Park Service, Ice Age Trail Alliance (née Ice Age Park and Trail Foundation), and the department concerning the Ice Age Trail.

NR 1.29(7)(b) (b) Allowable non-Ice Age Trail related recreational uses and facility development.

NR 1.29(7)(b)1. 1. To determine the suitability of secondary uses as listed in subds. 2. to 4. on a State Ice Age Trail Area, the specific characteristics of each Ice Age Trail Area, including the size, topography, vegetation, and sustainability, shall be considered. Conditions specific to funding sources used for the property shall also be upheld.

NR 1.29(7)(b)2. 2. Depending on conditions including topography and sight lines, bicycling and horse riding may take place on a State Ice Age Trail Area. Location of these trails shall not detract from the purpose of the property as provided in sub. (6). In general, such use shall take place not less than 200 - 500 feet away from the Ice Age Trail tread.

NR 1.29(7)(b)3. 3. Snowmobile, and ATV and similar motorized recreational use may be established if conditions including topography and sight lines allow the use to exist without detracting from the purpose of the property as provided in sub. (6), provided that use is more than ¼ mile from Ice Age Trail tread, and if the solitude and quiet experience of the Ice Age Trail user is not compromised by that use.

NR 1.29(7)(b)4. 4. Intersections of motorized trails and the Ice Age Trail may not be allowed, except as provided in sub. (5). Intersections of non-motorized, non-hiking trails and the Ice Age Trail are avoided; exceptions may be allowed on a case-by-case basis when necessary to accommodate or maintain a larger, regional trail system.

NR 1.29(7)(b)5. 5. Hunting as authorized pursuant to s. 29.089, Stats., and natural resources board determinations under s. 29.089 (1m), Stats.

NR 1.29(7)(b)6. 6. No coincident use of the Ice Age Trail tread may be allowed for any uses other than those primary uses listed in sub. (1) and sub. (2) (a).

NR 1.29(7)(c) (c) Vegetation Management. The desired future vegetation condition is natural communities composed of native plants and animals. Prescriptive management plans shall be designed to meet the goals of the desired future condition. When developing the vegetation management component of the property master plan, the specific characteristics of each State Ice Age Trail Area shall be considered, including the pre-settlement vegetation, soil types, and feasibility of the department and its partners to maintain the ecosystem.

NR 1.29(7)(d) (d) Pre-master plan. Prior to the approval of the property master plan, management activities and uses on State Ice Age Trail Areas shall be limited to the following:

NR 1.29(7)(d)1. 1. ‘Recreational Use and Facility Development.’

NR 1.29(7)(d)1.a. a. All uses and activities allowed in subs. (1) and (4).

NR 1.29(7)(d)1.b. b. Pre-existing crossings of the Ice Age Trail by designated state or county trails.

NR 1.29(7)(d)1.c. c. Hunting in accordance with s. NR 10.275 (4) and s. NR 45.09 (11).

NR 1.29 Note Note: Section NR 10.275 (4) was repealed by CR 13-108 Register August 2014 No 704, eff. 9-1-14. Section NR 45.09 (11) was repealed by CR 16-001 Register No. 739, eff. 8-1-17.

NR 1.29(7)(d)1.d. d. Motorized vehicles use as described in sub. (5).

NR 1.29(7)(d)1.e. e. Small, lightly developed parking areas, such as a gravel parking lot, may be constructed.

NR 1.29(7)(d)1.f. f. Signage may be installed for marking the Ice Age Trail; regulatory uses; property management, including boundaries; and general property or Ice Age Trail information, such as a kiosk.

NR 1.29(7)(d)2. 2. ‘Vegetation Management.’ Native community types existing at the time of acquisition shall be retained or enhanced.

NR 1.29(7)(d)2.a. a. Vegetative management shall focus on enhancing the scenic and natural values along the Ice Age Trail. Cropped lands may be planted with a permanent grass cover. Tree plantations may be thinned to create a more natural appearing condition.

NR 1.29(7)(d)2.b. b. Invasive species may be removed or controlled.

NR 1.29(7)(d)2.c. c. Any proposed forest management requires consultation with the managing bureau of the property to ensure that scenic values along the Ice Age Trail are being preserved or enhanced.

NR 1.29 History History: CR 04-092: cr. Register April 2005 No. 592, eff. 5-1-05; CR 07-026: am. (1) Register December 2007 No. 624, eff. 1-1-08. CR 10-118: r. and recr., Register May 2011 No. 665, eff. 6-1-11; renum. (6) (a) and (b) to be (6) and (7) under s. 13.92 (4) (b) 1., Stats., correction of (6) and (7) (titles), as renumbered, under 13.92 (4) (b) 2., Stats., corrections in (7) (b) 1. to 3. under s. 13.92 (1) (b) 7., Stats., Register May 2011 No. 665, eff. 6-1-11; CR 13-108: am. (7) (b) 5. Register August 2014 No. 704, eff. 9-1-14; correction in (7) (b) 5. made under s. 35.17, Stats., Register August 2014 No. 704, eff. 9-1-14; correction in (7) (b) 5. made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739.

NR 1.30 NR 1.30 State park system.

NR 1.30(1) (1) State parks shall be classified, as follows, into their most logical employment and greatest usefulness:

NR 1.30(1)(a) (a) Scenic parks. Parks having unusual scenic charm and beauty, distinctive landscapes, and particular appeal to nature lovers, and of sufficient size to enable use by large numbers of people without destruction of the qualities essential to their purpose.

NR 1.30(1)(b) (b) Historical — memorial parks. Parks of archaeological, memorial and historical significance.

NR 1.30(1)(c) (c) Roadside parks. Parks possessing scenic and other park characteristics adjacent to or associated with important state trunk or interstate highways.

NR 1.30(1)(d) (d) Recreation parks. Parks which offer the best natural values for recreation, have scenic qualities, and contain water for recreational purposes and are of sufficient size to prevent destruction through overuse.

NR 1.30(1)(e) (e) State trails. Continuous corridors not associated with a state park or other type of department property, utilized for recreation, that are listed in s. NR 51.73.

NR 1.30(2) (2) No overnight lodging facilities other than designated campgrounds, group camps and staff residences may be constructed in state parks, except:

NR 1.30(2)(a) (a) Those constructed for use exclusively by people with physical disabilities, with their family or attendant or both, and

NR 1.30(2)(b) (b) Overnight lodging in the Seth Peterson cottage at Mirror Lake state park.

NR 1.30(3) (3) Archaeological features and historic buildings located in state parks may be restored and preserved.

NR 1.30 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75; am. (2), Register, January, 1991, No. 421, eff. 2-1-91; am. (2), Register, June, 1994, No. 462, eff. 7-1-94; CR 04-092: am. (1) (e) Register April 2005 No. 592, eff. 5-1-05; CR 07-026: am. (1) (e) Register December 2007 No. 624, eff. 1-1-08.

NR 1.31 NR 1.31 State-owned islands. The department shall maintain state-owned islands in natural and undisturbed condition consistent with controlled public use on islands suited for recreational purposes. Each state-owned island shall be classified for its most desirable use such as camping or picnicking, or to be maintained in a natural condition. Preference shall be given to aesthetic management and every effort shall be made to maintain forest growth and ground vegetation in as near a natural state consistent with other desirable uses.

NR 1.31 History History: Cr. Register, April, 1975, No. 232, eff. 5-1-75.

NR 1.32 NR 1.32 Natural areas and scientific areas.

NR 1.32(1) (1) The legislature has indicated its intent to acquire, establish and preserve natural areas and scientific areas by creating ss. 15.347 (4), 23.27 and 23.092, Stats. The natural resources board agrees that such areas, by their preservation, protect the state’s natural diversity, provide sites for research and environmental education, and serve as benchmarks for assessing and guiding use of other lands in the state.

NR 1.32 Note Note: Section 23.27, Stats., defines “natural areas” to include tracts of land or water which have native biotic communities, unique natural features or significant geological or archeological sites. Generally, natural areas are remnant areas which largely have escaped disturbance since settlement or which exhibit little recent disturbance so that recovery has occurred and presettlement conditions are approached. Generally, scientific areas are natural areas of at least statewide significance and useful for education or research.

NR 1.32(2) (2) The department, with the advice and assistance of the scientific areas preservation council, shall:

NR 1.32(2)(a) (a) Conduct inventories of natural areas statewide including department controlled properties.

NR 1.32(2)(b) (b) Recommend for natural resources board approval sites on department properties as scientific areas.

NR 1.32(2)(c) (c) Recommend for natural resources board approval the acquisition of natural areas and designation of appropriate tracts as additions to the scientific areas system.

NR 1.32(2)(d) (d) Manage natural areas and scientific areas to perpetuate the native biotic communities, unique natural features and geological or archaeological sites.

NR 1.32(2)(e) (e) Encourage research and educational use by groups and persons on department controlled scientific areas, consistent with the individual site management guidelines.

NR 1.32(3) (3) Prior to any change in status of a scientific area located on lands owned or controlled by the department, the natural resources board, with the advice of the scientific areas preservation council, shall determine in each instance that:

NR 1.32(3)(a) (a) The site is no longer suitable and no longer needed for the scientific area use for which it was established; or

NR 1.32(3)(b) (b) Other public uses are required due to unavoidable public necessity, but then only after notice to concerned groups and individuals and opportunity for public comment.

NR 1.32 History History: Cr. Register, May, 1982, No. 317, eff. 6-1-82.

NR 1.33 NR 1.33 Policy on rock climbing. Rock climbing is a traditional recreational activity that may occur on non-designated use areas on department lands, and is consistent with the department’s mission to provide recreational opportunities to the public. Rock climbing should be considered in master planning for department properties which contain areas where rock climbing may occur.

NR 1.33 History History: CR 01-011: cr. Register April 2002 No. 556, eff. 5-1-02.

NR 1.40 NR 1.40 Acquisition of recreational land.

NR 1.40(1) (1) In the acquisition of recreational lands, the department shall place principal emphasis on the acquisition of lands in the heavily populated areas of the state and in places readily accessible to such areas.

NR 1.40(2) (2) Projects under this section will be undertaken based on the following descending order of priority:

NR 1.40(2)(a) (a) Consolidation and completion of existing projects.

NR 1.40(2)(b) (b) New acquisition projects based on the following criteria listed in descending order of priority:

NR 1.40(2)(b)1. 1. Land to protect rare and threatened natural resources; to protect genetic and biological diversity; and to protect, manage or restore critical fish and wildlife habitat.

NR 1.40(2)(b)2. 2. Unique, one-of-a-kind opportunities that may only be available once; projects of special scenic quality; and projects that are “irreplaceable”; an uncommonly large tract of unique natural resources of sufficient size to provide immediate and significant results in meeting program goals.

NR 1.40(2)(b)3. 3. Water-based resources that include land important to protect and improve the quality of the state’s surface and ground water; and land for recreation and management along streams, rivers, lakes and flowages.

NR 1.40(2)(b)4. 4. Lands to accommodate broad, natural resource-based outdoor recreation and state recreational trails.

NR 1.40(2)(b)5. 5. Land within 40 miles of Wisconsin’s 12 largest cities. If funding limits the ability to purchase available lands within existing urban areas, preference will be given to rural lands near population centers.

NR 1.40 Note Note: Wisconsin’s 12 largest cities are: Milwaukee, Madison, Green Bay, Racine, Kenosha, Appleton, West Allis, Waukesha, Eau Claire, Oshkosh, Janesville and LaCrosse.